Resolution 343-1983 Reggie Paros
E.M. S . Coordinator
RESOLUTION NO . 343 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ACTING AS THE BOARD OF GOVERNORS OF MUNICIPAL
SERVICE TAXING DISTRICT NO. 4-A OF MONROE COUNTY,
FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN
SPECIAL TAXING DISTRICT NO. 4-A AND LAYTON VOLUN-
TEER FIRE DEPARTMENT, INC . TO PROVIDE FOR REIM-
BURSEMENT OF VOLUNTEERS FOR EXPENSES RELATING TO
SERVICES .
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ACTING AS THE BOARD OF GOVERNORS OF
MUNICIPAL SERVICE TAXING DISTRICT NO . 4-A OF MONROE COUNTY,
FLORIDA, as follows:. . .
That the Chairman of the Board of the Board of County
Commissioners of Monroe County, Florida, acting as the Board of
Governors of Municipal Service Taxing District No . 4-A of Monroe
County, Florida, is hereby authorized to execute an Agreement by
and between Special Taxing District No . 4-A and Layton Volunteer
Fire Department , Inc . , a copy of same being attached hereto , for
the purpose of reimbursing volunteers for expenses related to
services performed by said volunteers .
Passed and adopted by the Board of Governors of Municipal
Service Taxing District No . 4-A of Monroe County, Florida, at a
regular meeting of said Board held on the 16th day of December,
A.D. 1983 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
ACTING AS THE BOARD OF
GOVERNORS OF MUNICIPAL SERVICE
TAXING DISTRICT NO. 4-A
By '‘
Chairman
(Seal)
Attest: DM Ny L.-I OLf2AGE, Clerk
Q ,,V,Ltva.) CY\ • &r:rioi,) D C
Clerk APPR• ED AS TO FORM
A" AL SUFFICIENCJ
Attorneys "ffice •
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AGRI.NMENT • •
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TH.15 -AGREEMENT made and entered into this .1.6th day Of.
. . • December. , A . D . 1983 between Special 'faxing District
•
- ' No . 4,A, hereinafter referred to as the "District" and the •
LaytonYaunteer Ftre .
_Department, Inc. . Volunteer Fire. Departmcnt or Volunteer
• •
Fire Department and Ambulance Corps (whatever the case may be) ,
• • •
hereinafter referred , to as the "Department" . - • •
• •
• • WITNESS hi"!! : •
• WHEREAS , the various special taxing districts have been
. further organized into departments as a non-profit incorporation
for the purpose of providing fire protection and rescue facilities
. . to the people and property of the same in Monroe County , and •
WHEREAS, such fire protection and rescue protection -is for
. the furtherance • of the common good of Monroe County, and
•
- WHEREAS , the Department aforesaid and the Special Taxing
• District. No . 47-A, through the Board of County Commissioners of -
• Monroe County, Florida , as the governing body, have agreed and
. .
. provided by ordinance for the various departments to reimburse
• its volunteer personnel and' chiefs from funds strictly within
the budget of .the various, 'special taxing districts,, and
• . • WHEREAS,, the various, firefighters and ambulance, personnel
. .in the respective special taxing districts are available and are
_ - on constant alert as firefighters and volunteers in various. •
• lifesaving activities , 'and •
WHEREAS, these parties now desire to formally .agree . for the
reimbursement of volunteers for expenses relating to said services
•
'and the- various. volunteer departments do agree thereto , now,
•
•
therefore, •
• BE TT UNDERSTOOD that in . consideration of the covenants
, .
- agreed to herein. and ' other . good and vnInahle con,; iderations , lho . .
parties hereto do, agree as follows : •J . That the various special taxing districts shall utilize
• . the services of the volunteers both as firefighters and for rescue
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purpose's and that for. said 'sery ices . a i eimbursement to` said
volunteers shall be- in-the sum .of $50 . 00 per month:, not to exceed .
• the budgeted funds; with . it being understood - that the .va'rious.
• chiefs .of the special taxing districts shall be reimbursed. in ..
the sum of - $200 .'00 - per month, not to exceed the budgeted funds ,
herein •with'•a maximum of : 20. .volunteer.s .and 1- .chief
who shall be reimbursed under this agreement .
2'. .That insofar as . the various special-- taxing districts
•
have in -their budget for• the .fiscal year 1983-84 funds available
• for the •reimbursement. provided by• this . agr.eement that the same
• shall be done upon passage of •th.is ordinance when. and. if said
volunteers -.have entered -into this agreement . '
. 3 . Monroe County: and/or the special taxing districts.
. currently 'maintains and shall provide Worker ' s Compensation
.Insurance for the volunteers specified herein ,for the -duration,
of . this agreement . ..
: 4 . . each. of, the volunteers of the Departments.' described here
• ii shall -furnisli- and ~keep in full force and effect ..a policy of • '
, liability insurance on his private vehicle (s) :in . such amounts of
-coverage as are required under Florida l,aw..
Monroe County and/or the special taxing districts shall keep_ .
. •in-full force and effect a policy of liability insurance on ' all
: emergency vehicles owned by the County and/or special taxing
• . districts and used .by the Departments , which -policy -shall also
• . provide secondary, or. back-up , coverage on private vehicles ; only•
during such times as . they are operated in response -to a call .for.
the emergency. services of the Department ., Such period of `operation
" shall be deemed to begin at the time a volunteer enters a private •
- vehicle for the purpose of responding to a- call and •to- endat such
a
time as the volunteer returns to his home or, in the case of a • •
volunteer who. slakes an intermediate stop on . his way . to his home:,
t.o. the first location to which he drives ._after the completion of ,
his participation in the emergency .services that were• the subject
or the call . •
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. .
5 . The Department shall keep in . lull force and effect a
• policy of liability insurance on all emergency vehicles owned . • '
. by. the Department and used in providing emergency services. within
the District . . Said policy shall be in the amount of• at least
. $1 , 000', 000...00 combined single limit and . shall also, name the Monroe
• County Board. of County Commissioners_ .as insured.
6 . Nothing 'contained in this agreemeht shall cause the- •
volunteers .to be: deemed or held to be agents or -employees of .
Monroe County or of the special taxing districts . -. Monroe County
• and the special taking. districts 'shall have no liability er •
• ' responsibility in connection with the - subject of this. agreement
other than the' payment of the' reimbursement provided in 'paragraph
1 hereof and the furnishing of insurante as provided in paragraph
4 hereof. Monroe County and the special taxing districts assume .
no liability for, and each of the . volunteers' agrees to hold _snid
County and . Districts harmless. from, any and all claims that may
arise. from the actions or the inaction of the volunteer , whether •
in the course of his volunteer efforts or not , . and 'that are not
• covered by the insurance required under the provisions ..of paragraph
4 hereof. Further , it is the understanding and intent of all parties
to this agreement that the provisions of this paragraph do "not alter
the legal relationships of the parties existing. immediately prior ,
to its. execution with regard to the potential vicarious liability. •
.:The purpose_ for the inclusion of this paragraph is. to memorialize
the existing understanding of the parties .
No compensation shall be paid. to the -volunteers by Monroe
County or the special taxing. districts except the reimbursement .
provided in - this - agreement or in any extension or written modification
. of. this agreement . •
• 7 . The Cou.n'ty does hereby affirm that the governing; board did
approve on the 16th day of December , A :D . 1 '_)33 this •
` agreement and did direct and 'authorize its presiding ' officer to
enter into said .agreement .
•
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• • 8 ., That the variousspe-ci.cil taxing districts act. i.n•g• as
volunteer fire and./or. rescue ' departments as is, set forth in
Ordinance No .. •did affirm that a duly constituted meeting
of .the governing board of -the the same oil the 16th day of December
• A. D . 1983, the terms 'of this agreement• was approved and the execution
thereof. directed . •
• . . 9 . That each contract or agreement entered into by the
• various special taxing districts and the operating corporations •
known as Departments shall also be executed by the volunteers prior
• to the receipt of reimbursement . A signed roster of all volunteers
and all chiefs shall be provided for the Finance Department . The
signature and. agreement-of the' individuals" as prescribed 'in this
section is' a condition precedent to the disbursement of any
' . reimbursements -provided for in said agreement .
IN WITNESS WHEREOF the parties hereto executed this agreement
• on the 16th day. of. December . . ' , 198 3.
• .SPECIAL TAXING .DISTRICT NO . ' .4-A - .
•
1V
• (SEAL) • Chairman
•
Attest :
DANNY L. KOLHAGE, Clerk
erk
•
• . VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND •
•
AMBULANCE CORPS •
• (whatever the case. may be)
•
(SEAL 13y' Pre ident
•
:At tCSt,
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•
•
Secretary •
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